Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.
I am very sorry to read of the above and in particular that it has been going on for so long. May I clarify a few points with you:
Thank you. So you only received one? Do you accept that a second one was delivered and signed for by someone in your house or do you dispute this? Were they delivered together or separately?
Thank you. OK so from what you say you did not order two mobile phones only one but owing to a mistake by Tesco it appears that a second mobile may have been ordered but this was not at your request. In terms of how you may wish to proceed you will no doubt wish to enter a defence and accordingly indicate on the response pack that you intend to defend the claim. Depending on when you made your complaint you may still wish to refer the matter to Cisas and if this is somthing you wish to consider you will have the opportunity later to ask the court for an adjournment whilst you attempt alternative dispute resolution through Cisas. You may need to contact Cisas to see if you require a new deadlock letter of if they are happy to proceed on the one you have depending upon the date of that letter if this is something you wish to consider.
Notwithstanding this, in terms of your defence, you will from what you say above wish to deny that you ordered a second mobile phone and make it clear that yo only ever ordered one mobile and put the claimant to strict proof on the matter. Second you will presumably wish to deny you ever received a second mobile and againput the claimant to strict proof on the matter. You may also consider going on to say that notwithstanding the above as you did not order a second mobile phone any second phone they did send to you was unsolicited on your part and though you deny receiving a second phone, any such phone would amount to an unsolicited product which is a breach of the Unsolicited Goods and Services Act 1971 and demands for payment for unsolicited goods is a criminal offence (this has now been replaced in 2013 by new legislation but in 2012 the old Act still applied)
If you need any assistane in drafting a defence I would be pleaed to asist though you will obviously need to keep an eye on costs as you are not able to recover much in the way of legal costs in the small claims court.
Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though
A pleasure. If I can be of any further assistance please do not hesitate to come back to me. If you have no further questions for now I should be very grateful if you would kindly take a moment to click a rating to rate my service to you today. I am very grateful to receive any feedback.